(CHARLOTTE, N.C.) – Brian S. Cromwell, a Partner in Parker Poe’s Charlotte office, presented as a panelist at the NACDL’s Federal Guidelines Seminar - Corporate Sentencing and Plea Negotiations at the Loews Portofino Bay Resort in Orlando, FL on May 24, 2013. Mr. Cromwell provided the attendees with insight and personal experience in response to the series of discussion topics presented by the moderator.
Corporate Sentencing and Plea Negotiations Panel Discussion Topics:
- When the government becomes aware of illegal conduct how does it begin to prosecute the offending company and what might be the sentencing ramifications?
- What is the effect on potential sentencing of prior illegal conduct for the current illegal actions?
- How does an effective compliance program impact the sentencing guidelines of an offending company?
- What is the impact of obstructionist behavior on guideline sentences for corporations?
- What might be the sentencing guidelines effect if the offending company immediately terminated the most culpable employee(s)?
- When, if ever, should an offending company self-report potential illegal conduct by its employees?
- What are the ramifications of the offending company self-reporting its conduct?
- Does a “good faith” defense exist in corporate white collar cases?
- If so, what is the effect of a company having a “good faith” defense?
- When should prosecutors offer offending companies a Non-Prosecution Agreement, a Deferred Prosecution Agreement, a Corporate Integrity Agreement or require full prosecution of the company?
- What are the types of arguments defense counsel make on behalf of corporate clients?
About Brian S. Cromwell
Brian Cromwell counsels clients on white collar criminal defense, environmental crimes defense, health care fraud defense, internal investigations and SEC enforcement issues.
Prior to entering private practice, Mr. Cromwell was both a state and federal prosecutor. From 1997-2000, he served as an Assistant District Attorney for Mecklenburg County, North Carolina, where he gained substantial investigative and trial experience in a variety of matters. From 2000-2004, Mr. Cromwell served as an Assistant United States Attorney for the Department of Justice, Western District of North Carolina.
Mr. Cromwell is a frequent speaker on matters involving government investigations and white collar crime. He will present at the June 13th Securities Fraud Conference sponsored by the ABA's Southeastern White Collar Crime Committee.
About Parker Poe
Parker Poe Adams & Bernstein LLP has 190 lawyers in five offices located in major markets across North Carolina and South Carolina. The Firm provides legal counsel to large commercial and public organizations on litigation, corporate and regulatory matters. It is an award-winning leader in the use of technology to provide better and more efficient service to domestic and international clients. For more information, please visit www.parkerpoe.com.